Tag Archives: Supreme Court of Virginia

An indictment returned by a grand jury as a true bill in open court is valid even though the order recording the indictment was not entered until after the trial on the indictment, and no objection was made to the ...

June 8, 2017Comments Off on Patient’s pot use admissible at malpractice trial

Defense lawyers could legitimately mention a patient’s use of marijuana in a medical malpractice wrongful death trial because it was evidence of the level of her pain, the Supreme Court of Virginia has ruled. The decision came despite objections from ...

June 5, 2017Comments Off on Alexandria family money clash moves to high court

A battle over a father’s financial legacy based on accusations of attorney misconduct has moved from an arbitration panel to circuit court and now to the Supreme Court of Virginia. Jackie Bogle Meuse – one of two daughters of the ...

May 25, 2017Comments Off on Third-party custody and visitation present challenges

By Melissa VanZile Third-party custody and visita­tion are among the more chal­lenging custody issues for family law practitioners and courts, as they involve people who may not be a child’s parent but a per­son who has usually played an ac­tive role ...

May 24, 2017Comments Off on Cohabitation in a relationship analogous to marriage

By Irene C. Delcamp When seeking a modifica­tion of spousal support, one goal for payor former spouses may be proving that the other party is cohabiting in a rela­tionship analogous to a marriage for over one year. For the practi­tioner, this ...

May 10, 2017Comments Off on Mixed DNA on Robber’s Clothes Nets Reversal

Although items of clothing identified by a convenience store clerk as being worn by the person who robbed her 10 days earlier contained DNA from defendant, the Court of Appeals reverses defendant’s conviction for robbery, as the clothing included DNA ...

May 10, 2017Comments Off on No Judgment, No ‘Bad Faith’ Claim Against UM Carrier

An uninsured motorist carrier who declined to pay its insured any sum prior to the insured winning a judgment against a John Doe driver is not liable for bad faith under Va. Code § 8.01-66.1(D)(1), says the Supreme Court of ...

May 3, 2017Comments Off on Court Reinstates Town Building Official’s Suit

The Supreme Court of Virginia reverses dismissal of plaintiff’s suit challenging defendant town’s termination of him as the executive Building Official in charge of the town’s building department; plaintiff sufficiently stated a claim to permit a reasonable inference that he ...

May 1, 2017Comments Off on Judge evaluations expand to appellate bench

The Supreme Court of Virginia is test driving a new aspect of its Judicial Performance Evaluation program. Lawyers and circuit judges are being asked to evaluate appellate judges for the first time in a pilot project involving three jurists. The ...

April 25, 2017Comments Off on Lawyer Fee Award Was ‘Abuse of Discretion’

In this dispute over an award of attorney’s fees for a condominium resident’s win of $500 in a dispute over the condo association’s refusal to repair a door, the Supreme Court reverses an award of $375 in attorney’s fees as ...